Ram Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49321 of 2024 Arising Out of PS. Case No.-100 Year-2024 Thana- DHORAIYA District- Banka ====================================================== 1.

Ram Kumar Thakur Son of Surya Narayan Thakur @ Suraj Narayan Thakur R/O Vill.- Beldiha, P.S.- Dhoraiya, Dhuraiya, Dist.- Banka 2.

Shubham Kumar Thakur @ Subham Kumar Thakur @ Subham Kr Thakur Son of Nandkumar Thakur @ Guddu Thakur R/O Vill.- Beldiha, P.S.- Dhoraiya, Dhuraiya, Dist.- Banka 3.

Lakky Kumar @ Vishwajit Kumar @ Vishwajeet Kumar @ Bishwajeet Kumar @ Lucky Kumar Son of Ram Kumar Thakur R/O Vill.- Beldiha, P.S.- Dhoraiya, Dhuraiya, Dist.- Banka ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 306/34 of the Indian Penal Code.

3. As per the prosecution case, on 25.3.24 at about 6:30 PM, on the eve of Holi, altercation took place between the parties in which this petitioner is alleged to have assaulted informant and his son. When son of the informant disclosed the alleged incident to his younger brother namely Shubham (deceased), he told about the same to one Satyam who did not believe his story and out of frustration Shubham committed suicide.

Patna High Court CR. MISC. No.49321 of 2024(2) dt.08-08-2024 2/2

4. Learned counsel for the petitioners submits that from perusal of the F.I.R. it is apparent that deceased committed suicide only due to the reason that his friend did not believe his statement. There is no allegation that these petitioners played any positive role to instigate or aid in committing suicide. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Dhoraiya (Dhuraiya) P. S. Case No. 100 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T